Upon the expiration of her 2 year temporary visa, would my wifw’s travel back and forth to her country be an issue when she applies for a permanent visa?

Get Legal Help Today

 Secured with SHA-256 Encryption

Upon the expiration of her 2 year temporary visa, would my wifw’s travel back and forth to her country be an issue when she applies for a permanent visa?

My wife is here on a marriage visa. She is currently in the initial 2 year period. I am an American citizen and we are having a baby in 3 months. I’d like to have the baby born in my wife country of birth, so we can apply for a duel citizenship for our child. This would be also the second time in less than 6 months that my wife will have traveled back to her home country. Will thisbe an issue when she applies for a permanent visa? Also, will my child have any obstacles getting American citizenship?

Asked on May 7, 2012 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. It should be fine for removing her conditional residency. She must apply for that within 90 days before the 2 years expires. So, timing may be an issue. In addition, it may disqualify her future US naturalization, if she stays outside longer than 6 months at one time or if her total time outside the US during 3 years of residency is greater than a year and a half.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption